ARJUN PRASAD YADAV vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.01.2025 + CRL.M.C. 4015/2022 & CRL.M.A. 16630/2022 ARJUN PRASAD YADAV .....Petitioner Through: Mr. Kriti Ranjan, Mr. Kumar Gaurav and Mr. Tanishq Sharma, Advocates versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Raj Kumar, APP for the State Mr. L.S. Chaudhary, Mr. Ajay Chaudhary, Mr. Bharat Chaudhary, Mr. Vikram Singh, Mr. Anirudh Sharma and Ms. Ayushi Gupta, Advocates for respondent no. 2. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J. 1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereafter „Cr.P.C.‟) has been filed on behalf of the petitioner seeking quashing of order dated 18.08.2022 passed by the learned Additional Sessions Judge-06 (West), Tis Hazari Court, Delhi in case arising out of FIR No. 28/2022, registered at Police Station Signature Not Verified CRL.M.C. 4015/2022 Page 1 of 7 Digitally Signed By:AANCHAL TAGGAR Signing Date:24.01.2025 11:28:12 Mundka, Delhi for offence punishable under Sections 363/366/323/344/376/506/ 120B/34 of the Indian Penal Code, 1860 (hereafter „IPC‟) and Section 6/17/21 of the Protection of Children from Sexual Offences Act, 2012 (hereafter „POCSO Act‟). 2. By way of the impugned order, the learned Sessions Court had rejected the application filed by the petitioner seeking recall of the order issuing process under Section 82 of Cr.P.C., and (ii) the bail application filed by the petitioner. The impugned order dated 18.08.2022 is set out below: “File taken up today upon two applications both moved on behalf of the accused/applicant, one seeking surrender of the accused Arjun Prasad Yadav as well as for recalling the proceedings u/s 82 Cr.PC and another for grant of bail. It